introduction to criminal justice system Flashcards
What are the key agencies?
Youth Offending Teams (YOT)
Police
Crown Prosecution Service (CPS)
Magistrates Courts
Crown Courts
Appeal Courts
HM Prison and Probation Service and Parole Board
Describe Youth Offending Teams (YOT)
-Diversion and supervision of young offenders
-Deal with delinquency crimes
-If the crime is serious they may refer you to the criminal justice system, but this won’t always be the case
Describe the Police
-Crime prevention and investigation
-Out of court disposals such as minor fights
-Give out cautions
Describe the Crown Prosecution Service (CPS)
-Deciding which cases should go to court
-Representing state in criminal trials
-Evidential Test and the Public Interest Test used to decide whether the case is serious enough and impactful enough to go to court
-Can also be based on the victim, it may be more harmful to go through the court process
Describe the Magistrates Court
-Summary offences (least serious ones such as traffic offences) and either way offences (least serious such as theft)
-Lay magistrates are volunteers, lack of background within this area
Describe the Crown Court
-Either way offences and indictable only offences (the most serious offences such as murder and manslaughter)
-Professional judges who will have been practicing lawyers before
-Contains the jury, from the Electoral Register
Describe the different types of Appeal Courts
-High court
-Court of Appeal
-UK Supreme Court
ALSO European Court of Human Rights but this isn’t part of the EU
-Will only be used if they are not happy with the outcome
Describe the HM Prison and Probation Service and Parole Board
-Enforces the punishments and sentences
-If prison sentence is longer than 4 years then you have to apply to the parole board in order to be released, show them evidence that you have changed and are safe enough to now be in society
What are the 2 main central monitors?
-Home Office
-Ministry of Justice
What is part of the Home Office (Police)?
-Border and Immigration services (UKBA)
-ID and Passport services
-Disclosure and Barring services
-Office for Security and Counter-Terrorism
-Crime Reduction and Community Safety group
-The Respect Task Force
What is part of the Ministry of Justice?
-HM Prison Service and National Probational Service
-Legal Services Commission (Legal Aid etc.)
-Others such as; Youth Justice Board, Parole Board, Sentencing Council for England and Wales
Who are the players in the background?
-Lawyers
-Politicians
-Media
-NGO’s and Pressure Groups
-Academia and Research Groups
Describe the use of Lawyers in criminal justice system
-Defense barristers
-Prosecutors
-Judges
-Mentors to lay magistrates
Describe the use of Politicians in criminal justice system
-Policy makers
-Law makers (MPs)
-Give money to CJS
Describe the use of media in criminal justice system
-Manipulating public sentiments
-Creating trending stories
-Highlighting problems and conflicts
Describe the use of NGO’s and Pressure Groups in criminal justice system
-Campaigning for changes in law and policy e.g. Penal Reform
-Campaigning for marginalised offenders and victims
Describe the use of Academia and Research groups in criminal justice system
-Generating research findings about problems and challenges in CJ
-Campaigning for changes
What are the 3 feeding cases into the system?
-Detection
-Complaints
-Safeguarding Referrals
Describe detection as a feeding case into the system
-Public policing (main police service)
-Private policing (within supermarkets where they have guards)
-Civic policing (citizens to be part of detection work)
Describe complaints as a feeding case into the system
-Victims or relevant stakeholders come forward
-Witnesses to crimes
Describe safeguarding referrals as a feeding case into the system
-Individuals and organisations that have responsibilities of safeguarding children or vulnerable adults making referrals
-E.g. Schools, local councils, care homes etc.
-Coming forward if they they a crime has occurred
How can detection cause the dark figure of crime?
-Unreported crimes
-Police bias
-Limited resources
-Priorities in policy
-Political and public pressure
How can complaints cause over/under representation?
-Impact of media on certain crimes
-Victims do not want to come forward
-Victims do not know they are victims
-Silenced victims
-Non-victims
How can safeguarding referrals cause false positives and false negatives?
-Safeguarding institutions ignore their responsibility
-See victims as troublemakers/criminals
Who was the crime control and due process model created by?
Herbert Packer
Describe the Crime Control model
-Efficiency and minimising false negatives
-Will put away innocent people
-Speed and efficiency
-Conveyor belt
-Early stages of the process are important with investigators and prosecutors decision making relied upon heavily
-Can cause prison overcrowding
Describe the Due Process model
-Protecting citizens civil liberties
-Reliability and minimise false positives
-Accuracy over speed
-Obstacle course
-Later stages of formal fact finding through defence lawyers and JDM are relied upon
-Quality of procedures
Describe the Adversarial System
-CJS in England and Wales
-Prosecution and Defence seen as in competition and rivals
-Prepare and present their sides of case to the court
-Judge or Jury will listen to evidence and make the decision
-Remain neutral and passive
-Balance crime control and due process through fair competition
Describe the Inquisitorial System
-CJS in Continental Europe
-Lack of competition and battle between prosecution and defense
-Judge has power to question witnesses and decide what evidence should be called to trial
-Balances crime control and due process through trained professional judiciary
-Professional judge makes the decision
-Prosecution and Defence are secondary parties compared to the state
What are the prerequisites to a function system?
(what they want agencies to follow and adhere to)
-Shared goals e.g. crime control and due process
-Recognise interdependency is something that affects one part will likely affect another
-Inter-agency cooperation
-Collective planning
State the first reason why the prerequisites aren’t met in real life
-Conflicting goals and coherent planning
-UK gov (2023) extending magistrates sentencing power from 6 months to a year
-Can lead to prison overcrowding
State the second reason why the prerequisites aren’t met in real life
-Distinctive working cultures
-Met police being institutionally racist, sexist and homophobic
State the last reason why the prerequisites aren’t met in real life
-Competition between agencies
-Have to have a shared budget
-Shortage of staff
**Why did Labour Party reduce the age of criminal responsibility from 14 to 10?
-1998 Crime and Disorder Act
-Focus more on youth crimes
-Thought that children could be more responsible for their actions such as in the Jamie Bulgar case
**What changes have been made to sentencing at criminal courts during this period?
-Criminal Justice Act 2003
-IPP’s (imprisonment for public protection) helps protect public from criminals who don’t have a life sentence
-Sentencing Guidelines Council as well as community orders and suspended sentence orders
** What does doli incapax mean?
-What age we have criminal responsibility
-Different for different countries
-What age we understand consequences of actions
